A judge threw out a court action Monday that sought to knock Francesca Carlow of Plainview off the Democratic primary ballot in the 6th state Senate District. That’s the seat now held by Republican Kemp Hannon.
Attorneys for the Nassau County Democratic Party had pulled out all the stops in an effort to keep Carlow from challenging former Nassau County Legis. David Mejias, a party favorite.
They subpoenaed 20 people affiliated with the Carlow campaign, and put 10 of them on the witness stand during three days of testimony last week before special referee Marston Gibson in state Supreme Court in Mineola.
That proceeding finished at 6 p.m. Friday and Gibson wrote his report over the weekend. But he couldn’t have it printed in time, so he read into the court record just after midday Monday. Justice Thomas Adams endorsed it from the bench, and sternly told objecting Democratic lawyers to take it to the Appellate Division.
Marston said he found that “there were a few irregularities,” including one in which a campaign worker who let one person sign for all three people in an apartment and also let another man sign who was a Republican.
“My global recommendation on this case is that there was not clear and convincing evidence of fraud sufficient to justify the invalidating petition so my recommendation is that the invalidating petition be rejected,” Marston said.
Adams then said: “After conferring with our referee in the back and going over the decision with him and having him dictate it into the record, the court confirms the referee’s findings. This constitutes the decision and order of the court.”
Democratic lawyer Keith Corbett jumped to this feet. “May petitioners be heard?”
“It’s over. We have heard everything,” the judge said, then gave detailed instructions to Corbett on how to find the Appellate Division on Monroe Street in Brooklyn Heights.